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General Terms and Conditions of KiVVON GmbH for the contractual relationship with publishers on kivvon.com

The following General Terms and Conditions of KiVVON Media GmbH, Berlin, (KiVVON or ‘we’) govern its contractual cooperation with publishers on the kivvon.com platform. They relate in particular to making publishers’ content publicly accessible, the monetization of content through one-time payment (one-time payment via a payment barrier, also known as a paywall) and the placement of advertising for content.

The generic masculine form used in this document to designate persons or job titles always refers to female, male and diverse persons at the same time. For the sole purpose of better readability and to ensure the clarity of legally relevant terms, gender-neutral spelling and multiple designations are not used.

1. preamble

KiVVON redesigns the creation, distribution and monetization of editorial and journalistic content.

2. terminology

Publishers are natural or legal persons to whom KiVVON grants the opportunity to post content on the platform, which publishers use to create their own channels.

Channel refers to a digital area agreed with KiVVON with regard to the title of the channel and its selection of topics, which the publisher can fill with corresponding content and which is made accessible to the users of the platform.

Content refers to any digital content uploaded to the platform by publishers or users of the platform. KiVVON offers almost unlimited possibilities for posting texts, images, videos and audio files – regardless of format – on the platform.

Content Guidelines are KiVVON’s binding rules of conduct for publishers and users of the platform for publishing content or commenting on content. Any violation of these rules may result in the deletion of content and comments or the exclusion of the publisher or user from the platform.

One-time payment on the platform refers to the possibility for users to acquire full access to paid content by making a one-off payment without having to take out a subscription. This is done via a payment barrier, also commonly known as a paywall.

Platform refers to our services on the Internet at kivvon.com for the purpose of publishing and monetizing our own and third-party content as well as commenting on and sharing this content.

3 Validity of the General Terms and Conditions

3.1. These GTC apply to all legal transactions, services and/or deliveries of KiVVON Media GmbH to the Publisher; they become part of the respective contract. The validity of general terms and conditions or similar regulations of the Publisher is generally excluded; they shall only become part of the contract in whole or in part if the parties have agreed this in writing by way of exception. You can download and save these terms and conditions as a PDF file via this link.

3.2. The binding KiVVON content guidelines are a supplementary component of the contractual relationship with you. You can access it via this link.

4. conclusion of contract

4.1. The aim of KiVVON is to publish high-quality, balanced content that complies with our guidelines. The operation of a channel on KiVVON and the publication of content within this channel requires the prior conclusion of a contract between the publisher and KiVVON and confirmation as a publisher with its own channel on KiVVON. KiVVON reserves the right to review and reject the conclusion of a contract with the publisher in any case.

4.2. A contract between KiVVON and the publisher is concluded by the signing of a corresponding contract, written confirmation of the publisher by KiVVON or the making available of the platform by KiVVON for the publisher to create its channels.

5 Subject matter of the contract

5.1. The subject of the contract with the Publisher is the Publisher’s ability to use the Platform in order to upload and publish the Publisher’s content on the Platform, as well as the ability to monetize this content.

5.2. When uploading individual content, the publisher has the option of specifying that the content is not fully freely accessible, but that the user must pay a price set by the publisher for unrestricted access. The price is a one-time payment by the user. You do not need to take out a subscription for this. The publisher is entitled to a percentage share of the net sales generated in this way.

5.3. Further monetization is achieved by KiVVON placing advertisements from advertising customers in the content environment. The publisher participates in the result of this monetization of its content. In the settings options of his channel, a publisher can reject earning opportunities via advertising revenue.

6. your channels

6.1. Channels of a publisher are only created on the platform after approval by KiVVON. The publisher applies for approval by communicating the title and a binding, concrete description of the intended content of the channel. KiVVON reserves the right to reject requested titles and content and to propose changes to titles and content.

6.2. When creating your account, you can choose a pseudonym as your username as a publisher, which does not have to be your real name. You are free to choose your pseudonym as long as you do not violate the rights of third parties (e.g. personal rights or trademark rights) or the pseudonym has not already been chosen by another user. Domain names or URLs are not permitted as user names of a publisher. If we come to the conclusion that the user name you have chosen may infringe the rights of third parties or violate the principles of our content policy, we reserve the right to change the user name you have chosen.

6.3. The publisher is free to design the content of the channel within the framework of the agreed content of the channel, these GTC, the guidelines applicable to the contractual relationship with the channel owner and applicable law. KiVVON does not edit or review the content. Within the scope of our legal obligations, if we become aware of illegal activities or content, we have the option of refusing to publish content, deleting it or blocking access to this content.

7. your content and your behavior on KiVVON

7.1. Your content must comply with our content guidelines and the legal requirements. Among other things, you are obliged to do so,

– not to post any content on KiVVON or link to it that violates applicable law or common decency through its content, form or design or in any other way. In particular, you are obliged to comply with applicable law (e.g. criminal law, competition law and youth protection law) when uploading content and not to infringe any third-party rights (e.g. rights to a name, trademark, copyright, image and data protection rights);
– Accordingly, not to post any unlawful, misleading, discriminatory or fraudulent content or actions;
– to treat other publishers and users with respect and not to be insulting or unobjective if you have a different opinion;
– not to post any private or confidential information of another person without their express consent;
– not to upload viruses or malicious code or do anything that could affect the proper functioning or appearance of our platform;
– not to use automated methods to access, collect or otherwise attempt to access content and other data on our Platform that you are not authorized to access without our express prior consent;
– not to link to websites and content that contradict our content guidelines or legal requirements.

7.2. It is a violation of privacy and therefore unlawful to remove the anonymity of users or to disclose user information from private messages, emails or chats that are not intended for the public.

7.3. You must also refrain from doing anything that is likely to impair the operation of the platform or the underlying technical infrastructure. This includes in particular: the use of automated procedures, scripts or databases in connection with the use of the platform; the automated reading, blocking, overwriting, modification, copying of data and/or other content, unless this is necessary for the proper use of the platform and has been expressly authorized by us in advance.

8. responsibility

8.1. As a publisher, you are solely responsible for your own content in accordance with the general laws and that your content uploaded to the platform complies with KiVVON’s content guidelines.

8.2. Although KIVVON defines the basic content framework of the channels you operate together with you via the content guideline in order to control the variety of topics and quality of the offer on the platform, we do not adopt the content or information of your content as our own. Rather, we merely offer you a platform for publishing your content. Our editorial responsibility is then limited to our own content on the platform.

8.3. You are solely responsible for ensuring that you have the copyright usage rights to the content that you post on the platform. If this does not apply to all or part of your content, you bear the sole risk for any resulting legal and other consequences. If you are not sure that you have all the rights to publish the content on the platform, you should not upload the content in question to the platform.

8.4. As a publisher, you are also responsible for checking the depictions of persons or events contained in your content to determine whether they entail a risk of infringement of personal rights. In the event of a breach of these rights, you bear the exclusive risk for any consequences of any kind arising from this.

8.5. We are not obliged to monitor the information uploaded by you to the platform and stored by us or to investigate circumstances that indicate illegal activity. However, with regard to your content stored with us, we are legally obliged to take immediate action and remove content or block access to it as soon as we become aware of an unlawful act or information or become aware of facts or circumstances from which an unlawful act or information becomes apparent.

9. your login data

9.1. You must choose a secure password for your login on the platform in order to be able to design your channel and manage your other settings and data. You are obliged to handle your access data responsibly. In particular, you are prohibited from disclosing your access data to third parties and/or otherwise providing third parties with access to your user account or transferring your account to someone else. Please change your password from time to time and especially whenever you have the impression that it may have become known to others. If you notice that unauthorized access to your account has taken place, you must notify us immediately.

9.2. If you violate these obligations and your user account is used by third parties, you are liable for all activities that take place using your user account. You are only not liable if you are demonstrably not responsible for the misuse of your user account.

10. copyrights

10.1. By posting content on the platform, you grant KiVVON the following rights of use for the duration of the statutory copyright or at least until the content is deleted from KiVVON:

– You grant us the free, worldwide, non-exclusive right to host, make publicly available, reproduce, distribute, modify, display, perform and otherwise use your content in any appropriate way to provide and improve our services.
– You grant KiVVON the right to commercially exploit the content (monetization) by placing advertisements in the environment of your content. In return, you are entitled to a percentage of the revenue generated by the monetization of your content.
– You grant KiVVON the right to use service providers and third parties to achieve the aforementioned purposes and to grant them sublicenses if necessary.

10.2. KiVVON is not obliged to name the authorship of the content published by you in every case.

10.3. If you should subsequently determine that you are not or not the sole owner of the rights – in particular the copyrights – to your content, you are obliged to immediately delete the corresponding content on the platform.

10.4. Otherwise, you retain all rights of use and exploitation of your content. This includes your right to make your content publicly accessible in other places and to use and exploit it in any form online and offline.

10.5. KiVVON grants you the right to use the platform to make your content publicly accessible.

11. support of your channel by contributors

11.1. You have the option of inviting users on KiVVON to send you content for publication on your channel. This does not result in any obligation for you to actually include this content in your channel. Rather, you have the opportunity to check and edit it before and after publication in your channel, for example to add to, shorten or correct it. You have the right to remove the content at any time after it has been published on your channel.

11.2. Due to the editorial processing or selection by you, you are responsible for this content alongside the contributor in the event of publication. The responsibility for this content is the same as that under para. 8 described for your own content.

11.3. When submitting their content, a contributor grants you sufficient copyright usage rights to be able to edit their content and publish it on KiVVON as your own content. If you want to publish a user’s content on your channel, you must name the user as a contributor or author with their user name.

12. advertising revenue

12.1. You grant KiVVON the right to commercially exploit your content (monetization) on the platform by placing advertising in the environment of the content when displayed on the platform and when embedding your content on other websites, platforms, in apps or elsewhere. KiVVON has the option of inserting paid advertising before or in between the playout of content – in particular video and sound recordings.

12.2. In return, you are entitled to a percentage of the revenue generated by the monetization of your content. The amount of your participation in advertising revenue is 70% of the net revenue. Content published by a contributor on your channel will be considered for monetization in the same way as your own content.

12.3. Under no circumstances does a publisher have a claim against KiVVON for a minimum number of insertions of paid advertising in or in connection with its content, a guaranteed minimum turnover or other guaranteed services. You also have the right to deactivate revenue from advertising within your channel settings.

13. one time payment

13.1. When uploading individual content, the publisher has the option of setting a (net) price that a user must pay as a one-time payment if they wish to receive full access to this content. This is not a sale of content to users, but merely the opportunity to gain access to the full content. Payment by the user is made via the payment system provided by KiVVON.

13.2. KiVVON invoices the publisher for the revenue generated with the publisher’s paid content and issues a corresponding credit note. The credit note amounts to 80% of the net turnover generated with the Publisher’s content plus statutory VAT, insofar as this would have to be shown by the Publisher in an invoice.

13.3. The creation of a credit note and subsequent payment of the credit is carried out after the publisher has made a request to KiVVON. The prerequisite for a request is a credit balance of the publisher from One Time Payments of at least EUR 10.00 at the time of the request.

13.4. The credit note is issued and the credit paid out at the beginning of the calendar month following the publisher’s request.

14. imprint obligation

14.1. As a publisher, you have a legal obligation to provide an imprint for your channel on KiVVON. The platform offers the option for users to view your legal notice at any time. You are obliged to provide correct and sufficient information in your legal notice and to update it immediately in the event of changes.

14.2. For providers of telemedia with editorial-journalistic content, the German Interstate Media Treaty also requires a person to be named in the legal notice as the person responsible within the meaning of Section 18 para. 2 MStV.

14.3. As a publisher on KiVVON, you are obliged to provide a privacy policy with information on the processing of personal data by you. When setting up your channel on the platform, you must provide the internet link to this declaration.

15. indemnification from third-party claims

15.1. If third parties assert claims against KiVVON due to the infringement of rights by content or due to other unlawful actions by the Publisher, the Publisher shall indemnify KiVVON against all claims and costs resulting from the infringement of its obligations under the contract, including these GTC and our Content Policy.

15.2. If third parties assert claims against KiVVON that the inclusion of content supplied by the Publisher infringes copyrights, trademark rights and/or industrial property rights or other rights of third parties, KiVVON shall inform the Publisher of this in writing without delay.

16. outdoor advertising with publishers

KiVVON may name the publisher with its user name and channel in outdoor advertising for the platform. After obtaining the publisher’s consent, KiVVON may include quotes from the publisher in press releases.

17. warranty

17.1. KiVVON excludes any guarantee that certain results or successes will be achieved with the provision of services and monetization.

17.2. KiVVON does not guarantee to the Publisher that the platform, its channel or its content will be available on the platform unchanged or uninterrupted.

17.3. KiVVON has no influence on the design and content of external websites and cannot accept any liability for them. We therefore dissociate ourselves from all third-party content linked to external pages on the platform.

18. liability

18.1. KiVVON shall only be liable in cases of intent and gross negligence. This exclusion of liability does not apply in the event of injury to life, limb or health. Also excluded from the limitation of liability is the culpable breach of material contractual obligations (cardinal obligations). Material contractual obligations are those whose fulfillment is owed by KiVVON and is of eminent importance for achieving the purpose of the contract, or whose fulfillment is owed by KiVVON and whose breach may result in the achievement of the purpose of the contract being jeopardized.

18.2. Insofar as KiVVON is liable for slight negligence, liability shall be limited to typically foreseeable damage.

18.3. To the extent that KiVVON’s liability is excluded, we shall not be liable for any loss of profit, loss of business, loss of goodwill, anticipated savings, loss of goods, loss of contracts not completed, loss of use or data or for any special or indirect loss, consequential or purely economic loss, costs, damages, charges or expenses.

18.4. Insofar as KiVVON’s liability is excluded or limited, this shall also apply in favor of its representatives, executives and vicarious agents.

18.5. Claims for damages against KiVVON shall lapse one year after the publisher becomes aware of the event giving rise to the damage.

18.6. The statute of limitations for claims arising from intentional and grossly negligent acts, as a result of injury to life, limb or health, and as a result of the culpable breach of cardinal obligations are subject to the statutory limitation periods.

19. transfer of a channel

19.1. With the consent of KiVVON, you have the option of transferring channels to third parties who will continue these channels as new publishers.

19.2. A transfer requires your notification to us that a transfer is planned and who would like to take over your channel. In this case, KiVVON will check whether the person you intend to take over can be expected to continue your channel with content that is suitable in terms of content and quality. KiVVON may agree to the transfer, reject it or propose another person as transferee. We also have the option of suggesting that KiVVON takes over your channel itself.

20. termination / deletion

20.1. Both parties have the option of terminating the contract in writing with a notice period of 4 weeks to the end of the month. Your access to your channel and your content will be deactivated when the termination takes effect. The rights you have granted KiVVON, your entitlement to a share in the results of the monetization of your content, your responsibility for your content and your obligation to indemnify KiVVON against third-party claims do not expire as a result of the termination.

20.2. The parties are entitled to terminate the contract with immediate effect for good cause. Good cause exists if one party cannot reasonably be expected to continue the contractual relationship until the end of the notice period, taking into account all the circumstances of the individual case and weighing up the interests of both parties. An important reason for termination by KiVVON exists, among other things, if:

– the Publisher continues or repeatedly violates material obligations under this Agreement, in particular by repeatedly violating legal requirements or our Content Policy, despite a written warning;
– the performance of a contractual service becomes impossible for reasons for which the Publisher is responsible or is further delayed despite the setting of a grace period of 14 days.

20.3. An important reason for termination by the Publisher exists, for example, if KiVVON continues to violate essential provisions of this contract despite a written warning with a grace period of 14 days to remedy an asserted violation.

20.4. Content on your channel can be deleted by you. It is not possible to reverse the deletion. Content that was offered via One Time Payment and has already been successfully processed by a user at least once is expressly excluded from the possibility of deletion. Deletion of a channel as a whole is only possible once all content on it has been deleted.

20.5. If your access to your channel has already been deactivated as a result of your termination, we will delete content from you after receiving your written request for deletion with instructions as to whether individual content or the entire content of your channel should be deleted. To dispel any doubts about your identity, we may in this case ask you to prove your identity in a suitable manner before we carry out the deletion.

21 Force majeure

Events of force majeure that make the fulfillment of a service or obligation significantly more difficult or impossible shall entitle the affected party to postpone the fulfillment of this service or obligation for the duration of the hindrance. Industrial disputes in the parties’ companies or industrial disputes in third-party companies are equivalent to force majeure. If, due to the nature of the hindrance, it cannot be expected that the service will be provided within a reasonable period of time, either party shall be entitled to terminate the contract extraordinarily for good cause.

22. data protection

22.1. The parties undertake to comply with the provisions of data protection law when executing the contracts; in particular from the General Data Protection Regulation, the Federal Data Protection Act and the Telecommunications Telemedia Data Protection Act.

22.2. You can find KiVVON’s privacy policy at the following link.

22.3. KiVVON processes and stores your personal data insofar as this is necessary for the initiation and fulfillment of a contract and as long as KiVVON is obliged to store and/or process this data due to legal regulations.

23. confidentiality

23.1. The parties undertake to keep secret from third parties any know-how and trade secrets that they learn about each other during the performance of the contractual cooperation and all know-how that is not generally known, and to obligate their employees accordingly. This applies in particular – but not exclusively – to all information about business partners, other publishers, internal company information, technologies and processes used.
23.2. The parties are not obliged to maintain confidentiality with regard to such information that is or becomes generally known, is disclosed by a third party without breach of a confidentiality obligation towards the party concerned or must be disclosed due to official or statutory obligations.

24. written form

Unless otherwise agreed with KiVVON, the effectiveness of ancillary agreements, amendments or additions to the contract and, in general, compliance with the agreed written form shall require at least the text form in accordance with KiVVON. § 126b BGB. Amendments to this written form clause must be made in writing in accordance with § 126 BGB. KiVVON employees are not authorized to make verbal collateral agreements or give verbal assurances. In this respect, too, only written agreements are effective.

25. amendment of GTC

25.1. We are constantly working on the further development and improvement of our services, other offers and functions. We will therefore need to amend and update these terms of use from time to time to ensure that they still match our offers. When making changes, we will take into account that the changes are reasonable for you, taking into account your interests, and in particular that they do not unreasonably disadvantage you.

25.2. We will notify you by email at least 30 days in advance before any changes to our Terms of Use are due to take effect, so that you have the opportunity to review the planned changes in good time. However, this does not apply if changes are prescribed by law or on a statutory basis. We will inform you about this 30-day period and its significance in our notification. As soon as updated terms of use come into force, you will be bound by them if you continue to operate your channel.

25.3. However, if you do not wish to agree to our updated terms of use and wish to give up your status as a publisher, you have the option of terminating the existing user agreement between you and KiVVON without notice.

26 Final provisions

26.1. If you encounter problems with KiVVON that lead to disputes, you undertake to contact us first so that we can resolve the problem together as unbureaucratically as possible.

26.2. The contractual relationship between KiVVON and the Publisher, including these GTC, shall be governed by the laws of the Federal Republic of Germany.

26.3. The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the location of KiVVON’s registered office. KiVVON is also entitled to initiate legal proceedings at the legal place of jurisdiction of the publisher. Overriding statutory provisions, in particular regarding exclusive responsibilities, remain unaffected.

26.4. Should these GTC not have become part of the contract in whole or in part, or should individual provisions of these Terms of Use be invalid in whole or in part or unenforceable for other reasons, the remainder of the contract shall remain valid. Insofar as these provisions have not become part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.

Status as of April 22, 2024

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